Louisiana Lawyer Blog

End-of-Year Reflections: Are You Prepared for a Personal Injury Claim in 2025?

December 19, 2024 | by Broussard, David & Moroux

As 2025 begins, many of us take a moment to reflect on our achievements, challenges, and goals for the upcoming year. While it’s important to look ahead, we should also take a step back and consider the unresolved issues from last year that might still be affecting us—especially when it comes to personal injury claims.

Whether you’ve been in a car accident, suffered a slip-and-fall, or experienced a workplace or off-shore injury, time is of the essence. If you have an injury claim that hasn’t been resolved, now is the time to act. The new year presents an opportunity for a fresh start and a path toward recovery.

Last year, the Louisiana Legislature made several changes affecting your right to bring a claim for injuries. The statute of limitations—which is the legal deadline for filing a personal injury claim—was changed for some claims. This deadline may differ depending on the type of claim and date of injury. If you miss this deadline, you could forever lose your right to recover compensation for your injuries and losses.

Blake R. David and Reed K. Ellis negotiate $4,000,000 settlement during trial for a personal injury car accident case with limited property damage

December 18, 2024 | by Broussard, David & Moroux

A 51-year-old hotel manager was driving to work in when she stopped at a red right and was rear-ended by a company F-150 pickup truck. The defendants accepted liability but disputed the medical causation of the personal injury claims based on the lack of significant property damage. To support their case, the defendants hired two accident reconstructionist and a biomechanical expert.

Broussard, David & Moroux personal injury attorneys, Blake David and Reed Ellis represented the plaintiff. Prior to the car accident, she had no history of back, neck, or hip issues or treatment in the past 15 years, and experienced neck, back, left wrist, mid-back, and jaw pain within hours of the crash. Dr. Robert Lejeune, a chiropractor, documented these injuries.

Over time, her condition worsened, requiring multiple surgeries on her neck, back, and hip. In response, the defendants hired four Additional Medical Examiners to challenge her claims, arguing that the injuries were temporary, lasting six weeks or less. The defendants also planned to present radiologists who would refute the injuries.

The Hidden Dangers of Holiday Travel: How Accidents Lead to Catastrophic Injuries and Complex Personal Injury Cases

November 25, 2024 | by Broussard, David & Moroux

While most travel-related accidents may result in minor injuries, some can lead to catastrophic injuries that permanently change a person’s life. Catastrophic injuries typically involve severe, life-threatening harm to the body and can include:

Spinal Cord Injuries: These injuries often lead to paralysis or loss of sensation and mobility below the site of the injury.
Traumatic Brain Injuries (TBI): A TBI can range from a mild concussion to a severe brain injury that impairs cognitive function, speech, motor skills, and memory.

Robert Brahan obtained notable settlement representing plaintiff injured in head-on auto-accident caused by low visibility on roadway

November 18, 2024 | by Broussard, David & Moroux

On November 12, 2020, an Acadia Parish farmer and his employee started a fire in a soybean field bordered by Louisiana Highway 97/Evangeline Highway, a two-lane highway with one northbound lane and one southbound lane. As the fire burned, it created a heavy smoke which blew into the roadway and completely blocked visibility for drivers travelling in both directions. The farmer and his employee admitted in their depositions that they took no precautions to prevent the smoke from obstructing the roadway.

At the time the smoke blocked the view of drivers on La. 97, plaintiff was travelling northbound towards the area of the fire. As plaintiff approached the area, the smoke suddenly became so thick that she could no longer see in front of her and she stopped in the road. At the same time, two cars were traveling southbound towards the area where plaintiff’s vehicle stopped. When the lead car arrived at the area where the smoke blocked her visibility, she stopped suddenly, forcing the following southbound vehicle to cross the centerline and crash head-on into plaintiff’s vehicle.

As the result of the collision, the 32-year old plaintiff sustained injuries to her neck and back. She was taken via ambulance to emergency room with complaints of pain to her entire back, “from neck down to lower back.”

Blake R. David and Reed K. Ellis secure $2.4 Million Settlement for client in product liability case

November 5, 2024 | by Broussard, David & Moroux

A 63-year-old married mother of two, suffered an aggravation of her back and neurological condition after a medical device collapsed in her spine, leading to nerve damage in her arms and legs and severe muscle spasms. After her initial back surgery where the medical device was implanted, our client underwent a revision surgery, in addition to a series of injections and physical therapy.

Before the initial surgery, the client was hoping to recover in time to walk into her son’s graduation several months post-surgery. Her treating physicians recommended that she would require pain management, ongoing evaluations, future medical care, medications, and therapeutic services in the future due to the failed medical device.

The defendant vigorously disputed liability, medical causation, and damages with various liability and medical experts. The device had never been recalled, and the opposing expert witnesses denied that the device malfunctioned or collapsed at all. However, after mediation and on the eve of trial, the defendant settled the case for $2.4 million.

Broussard, David & Moroux Sees an Increase in Auto Accident Injury Clients Each October

October 31, 2024 | by Broussard, David & Moroux

October 2023 witnessed a tragic 158-vehicle pileup on I-55 in Louisiana, triggered by dense fog. This incident highlights a troubling trend: October is often the month with the highest number of car accidents. While the National Highway Traffic Safety Administration (NHTSA) identifies the summer months as the “100 Deadliest Days,” October’s unique challenges can’t be overlooked.

Several factors contribute to the rise in fatal auto-accidents this time of year. As days shorten, driving after dark becomes more common, increasing the likelihood of accidents. Additionally, wet leaves and unpredictable weather can create hazardous driving conditions.

To help you navigate fall safely, consider these tips:

Jerome H. Moroux and Emily C. Borgen obtain significant settlement in tragic wrongful death case

October 7, 2024 | by Jerome H. Moroux

On September 15, 2020, our 16-year-old client collapsed at high school football practice and died three days later from multiple organ failure caused by heat stroke. Although coaches and athletic trainers were present during the incident, they failed to follow generally accepted procedures for treatment of heat stroke, and lacked the necessary medical equipment to properly treat our client.

Jerome Moroux represented our client’s bereaved mother in her lawsuit against the school district and athletic trainers. During the case, we learned that the district failed to identify potential risks for larger players and did not properly acclimate them to the heat after resuming practices that had been delayed for several weeks due to the pandemic. The plaintiff collapsed just one day after the team began practicing in full pads.

With the help of his paralegals and Emily Borgen, Jerome’s efforts ultimately led to a substantial settlement for our client’s mother. While nothing could heal the loss of her son, Jerome remained persistent and passionate about obtaining justice for the family. Our firm possesses a strong conviction in fighting for our clients and what is right. We are deeply passionate about the cases brought into our office, which drives us to achieve the best results possible.

Derek Aswell and John Alford’s Collaboration Leads to $1.5 Million Settlement for Injured Engineer

September 18, 2024 | by Broussard, David & Moroux

Attorneys Derek Aswell from our Lafayette office and John Alford from our Covington office joined forces to represent a sixty-year-old engineer who was injured on a vessel. Their combined expertise and resources resulted in a $1.5 million settlement for our client three days into jury trial.

The plaintiff, a newly employed engineer, was assigned to grease the anchor on the bow of a vessel during a night shift. While performing his duties, he slipped and fell on the grating that covered the anchor hole which caused a neck and spinal cord injury. As a new employee (but a long-time engineer on vessels), he was unfamiliar with the ship’s layout. He testified that the deck was cluttered with rope, and the grating was ill-fitted and dilapidated, which contributed to his fall.

Derek and John uncovered evidence that, within a week of the plaintiff’s employment, a fire in the engine room had disabled the ship’s electricity. Although temporary lighting was provided in some areas of the ship, there was no active lighting on the bow, which further contributed to the hazardous conditions and his unwitnessed fall . Defendant argued he had the experience to stop work if he thought it was unsafe.

Blake R. David and Reed K. Ellis obtain $2M Settlement for Client Rear-ended in Vermilion Parish

August 28, 2024 | by Broussard, David & Moroux

On June 12, 2020, our client was on his delivery route as a local beverage distributor in Vermilion Parish, Louisiana, when his work vehicle was rear-ended by another truck which pushed him into the stopped car immediately in front of him. As a result, he sustained significant physical and mental injuries, including a documented traumatic brain injury, resulting in ongoing psychotherapy, medication dependency, and injection therapy.

Before the incident, the plaintiff was a healthy father and husband with goals to advance his career into upper management. Though he continued to work at a reduced capacity with the same employer, his treating physicians concluded that he was permanently impaired from this crash and required job accommodations and substantial future medical care.

Blake and Reed remained steadfast in their pursuit of justice for our client, meticulously gathering the evidence needed to build our client’s case. Their efforts ultimately led to a settlement of policy limits of $2 million before mediation or trial. The firm takes great pride in meeting our clients where they are and assisting them during difficult times. Service is one of the firm’s core values, and that service is epitomized by the selflessness and dedication shown by our attorneys and staff daily in thier relentless pursuit of justice in this case.

Blake R. David’s $5.4 Million Win for Maritime Client Under the Jones Act

August 19, 2024 | by Broussard, David & Moroux

Maritime law governs activities on navigable waters and includes the Jones Act, a sector specifically created to protect seamen. The Jones Act federally regulates maritime commerce in the United States and, although originally intended to protect seamen, its effectiveness has eroded over the years due to various factors. Today, seamen face a perilous landscape if they are injured due to a company’s negligence while aboard a vessel.

Despite this challenging environment, our partner Blake David continues to represent clients in maritime cases that are covered by the Jones Act. Blake has moderated and lectured at many Louisiana maritime conferences over the last two decades, including the Louisiana Association for Justice’s(LAJ) High Stakes on the High Seas Maritime Law Conference and the Louisiana State Bar Association’s Admiralty Symposium (where Blake is chair). Blake and Jerome Moroux have served as the LAJ Maritime Section chair multiple times. This year, Blake was recognized by Acadiana Profile magazine as a 2024 Top Lawyer in Maritime Law. He, along with all the attorneys at Broussard, David & Moroux, continues to seek justice for our clients.

Blake represented our client who was seriously injured on a vessel due to the company’s negligence. The incident occurred when our client was working offshore, and the vessel collided with a piling, causing him to slam into the cab of the boat. The pilot coworker onboard was distracted and speeding.